Terms & Policies
Last Updated: May 20, 2018
Welcome to The Fremont Compass
Our goal is to foster conversations that are helpful, informative, educational, and fun. We want everyone to feel at home posting comments on The Fremont Compass. We don’t know what your home is like, but we know how we expect people to behave when they visit ours.
We welcome relevant and respectful comments. That said, it’s quite possible that we’re going to get into the thick of a lot of heated discussions, and that’s okay. These discussions often entail topics that we all personally care a lot about and will passionately defend. But in order for discussions to thrive here, we need to remember to criticize ideas, not people.
Here’s what we expect when it comes to comments:
- Our No. 1 rule is simple: Keep it civil (aka don’t be a jerk)
- Weigh in with smart, informed ideas that add value to the conversation. If you’re not sure your comment adds value, think over what you want to say and try again later.
- Give us useful, constructive criticism. Spot a typo or an error? Let us know and we will correct it.
- Demonstrate and share the intelligence, wisdom, and humor we know you possess.
- Don’t feed the trolls. You wouldn’t dive into a debate with your ill-informed, weird uncle just for the heck of it, would you? Downvote and flag comments instead.
Although the moderators of The Fremont Compass can’t be everywhere at once, here are some of the kinds of comments we’ll be doing our best to shut down:
- Threats — no matter how vague — against authors or other commenters. Things can get heated. Before you casually share other people’s personal information, like their home address and what you’re going to do when you show up there, think twice. And then a third time. And maybe take a break before commenting further.
- Racism, sexism, homophobia, you get the drift. Call us the PC Police, fine, but don’t say we didn’t warn you when your comments get deleted and your account gets banned.
- Name calling and ad hominem attacks. Comments that we find to be hateful, inflammatory, or harassing may be removed. If you don’t have something nice to say about another user, don’t say it. Treat others the way you’d like to be treated.
- Comments that make it clear you didn’t read the article. Enraged that we didn’t mention X in a story about Y? Slow down. If you’d made it past paragraph two, you’d see a very well thought-out discussion of that X you hold so dear.
- Comments that are completely off topic and out of left field. Sometimes discussions veer off a bit, but are still related to the original subject. That is fine. Hijacking the conversation to promote off-topic commentary is not.
- Impersonating authors or other commenters. We can’t believe we have to say this, but: Don’t do that. It’s weird.
- Promoting your own brand, product, or blog. So you’ve got a climate change solution that will simultaneously bring about world peace. Great. Send it through our contact form and we’ll probably interview you for a story!
- Trolling. Fair warning: If you’re just out for a good trolling and are not contributing meaningfully to the conversation, we’ll be pushing you back under the bridge.
- Use of any of the curse words and/or slurs we have on our blacklist will automatically flag a comment so it won’t appear on our site.
A few final things:
Thing 1: These community guidelines matter. Our job as ‘hosts’ of this site is to foster interesting, respectful discussion for all our guests, not just the loudest, most assertive, scariest ones. You can be a poor conversationalist, present a different viewpoint, or talk loudly (aka ALL CAPS.) But if you threaten, annoy, derail, or in other ways spoil the atmosphere of discussion for others, we reserve the right to tell you you’re uninvited.
Thing 2: Remember that conversations require listening as well as speaking. If you’re having a disagreement with another user and your replies have gone into the double digits, consider stepping back from the computer for a while. We love discussion, but we don’t want users running themselves ragged trying to convince someone else online they’re wrong.
Thing 3: If you see something, say something. Moderators and community managers at The Fremont Compass are at the forefront of combatting spam, mediating disputes and enforcing community guidelines, and so are you. If you see an issue, flag the post or comment and/or send us a message with your concern(s) and a link or a screenshot to the comment or post. If you believe someone has violated the basic community rules, let us know so we can investigate and take action, if warranted.
We love you! The Fremont Compass wouldn’t be what it is without your awesome support. This community guide was built for YOU. We appreciate your help in making sure it remains a welcoming and safe place to share ideas and, yes, even disagreements.
Last Updated: May 20, 2018
This policy outlines:
Information from Children
This website is a general audience website that, while intended to be family friendly, is not targeted to children under the age of 13. The website does not knowingly collect personally identifiable information from children under the age of 13. In order to comply with the Children’s Online Privacy Protection Act, we ask that you not provide personally identifiable information to us if you are under the age of 13. We urge parents and guardians to supervise their children’s website browsing.
Information Collection and Use – Personally Identifiable Information
The website only collects the personally identifiable information that you provide to us. Personally identifiable information includes data such as your name, street address, email address, or telephone number. Visitors who no longer wish to receive promotional communications from us may opt-out by clicking the “unsubscribe” button on the email newsletter, or by submitting a request via our contact form.
Requests, Orders and Customer Service
When a visitor asks us to provide information or a service, we request information to enable us to respond to the visitor. This information could include contact information such as name, email address, and mailing address and, if applicable, financial, payment, or billing information.
If a visitor wishes to subscribe to an e-newsletter, we collect registration information including the visitor’s name and email address. We occasionally send registered visitors email messages about features on our website, promotions, events, sponsored emails from other organizations, or other information that may be of interest to them. You may change your email preferences or unsubscribe from email communications at any time.
Information Collection and Use – Anonymous or Aggregate Data
Each time you visit our website, our web server receives information from your computer such as your Internet protocol (IP) address, domain name, referral data (e.g., the address of the website you visited before clicking through to our website), and browser and platform type. We store this information using cookies, log files or user profiles administered by a third party for us. A profile consists of information we store about individual visitors that details their viewing preferences. These profiles do not contain information that individually identifies a visitor. The Fremont Compass may use profile information to offer promotions to users, improve or customize the content of the site for a visitor, or direct certain types of information to a visitor. We may share aggregate profile information (without individually identifying information) with third parties.
A cookie is a small data file stored on a visitor’s computer that contains information about the visitor. We use both session ID cookies and persistent cookies. A session ID cookie terminates once a visitor closes his or her browser. A persistent cookie is a small text file stored on the visitor’s hard drive for an extended period of time. Persistent cookies enable us to track and target the interests of our visitors so we can enhance the visitor experience on our site.
We, or a data provider we have engaged, may place or recognize a unique cookie on your browser to enable you to receive customized ads, content or services. No personally identifiable information is placed into these cookies. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, in hashed, non-human readable form. To opt-out of these cookies or learn more please go to http://www.networkadvertising.org/managing/opt_out.asp.
Additionally, emails we send may contain a bit of code known as a “web beacon.” This code allows us to understand the time and date of when a user has opened an email and when he/she has utilized a link within the email to visit a website. Our web beacons do not collect personally identifiable information. Users wishing to disable our web beacons should do so by turning images “off” in their email client (e.g., Outlook, Outlook Express). Please see your email client for more information.
Like most websites, we use log files to track visitors’ access to our website. This log file includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We use this information to analyze trends, administer the site, track visitor movement in the aggregate, and gather broad demographic information for aggregate use. These anonymous data are not linked to personally identifiable information.
Clear Gifs (Web Beacons/Web Bugs)
We may employ software technology called “clear gifs” (also known as “web beacons” or “web bugs”) that help us better manage content on our site by informing us what content is most popular and most effective. Clear gifs are tiny graphics with a unique identifier, and are used to track the online movements of website visitors. Clear gifs are invisible on the page and are about the size of the period at the end of this sentence. Clear gifs are not tied to visitors’ personally identifiable information.
Information Disclosure to Third-Parties
We do not disclose information from or about you except as described in this Policy.
Non-Personal Aggregate Information
We may share aggregated demographic information with third parties such as foundations providing funding, charitable donors, or third parties with whom we have marketing alliances.
We share personally identifiable information on an as-needed basis with companies that provide services for us. For example, the companies that operate our website, maintain our computers, and prepare our Postal mailings need access to the information necessary to perform their tasks. Likewise, the companies that administer features on our website, or that provide professional or logistics services to us may receive information about visitors in order to perform their work for us.
Your personally identifiable information and anonymized data collected about you may be transferred in connection with a business transition — for example, if Grist merges with another entity, is acquired by another entity, or sells a portion of its assets.
Surveys & Polls
We occasionally conduct surveys and polls. Participation in these is completely voluntary. Non-personal demographic information collected in surveys or polls will be used to monitor and improve the website. If a survey or poll requests personally identifiable information, that information will only be used for the purpose disclosed at the point of collection.
Google Analytics Demographics and Interest Reporting
This website collects data about you and your visits via Google advertising cookies and anonymous identifiers, in addition to data collected through a standard Google Analytics implementation. This none-personally identifiable data includes information about your demographics and general interests. We do not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through these means. You may opt out of the collecting of this information.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, or you can
opt out of interest-based advertising entirely by cookie settings.
Comments and Posts
The Fremont Compass users can choose to write comments or posts on the site. To leave a comment, users must verify their identity via Disqus, a comment moderation system that helps screen out users who leave comments that violate its terms and conditions of use. The Fremont Compass does not share user information with any other organization.
The Fremont Compass offers email newsletters. Users who subscribe to the The Fremont Compass newsletter will receive regular email updates about new content and features.
Like most websites, our servers use log files. These log file records include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. The Fremont Compass uses this information to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. The Fremont Compass may use a tracking utility that uses log files to analyze user movement.
Though The Fremont Compass makes every effort to preserve user privacy, it may need to disclose personal information when required by law wherein The Fremont Compass has a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process.
In the event The Fremont Compass goes through a business transition such as a merger, acquisition by another company, or sale of a portion of its assets, users’ personal information may be part of the assets transferred.
The Fremont Compass publishes links to other sites. Please be aware that The Fremont Compass is not responsible for the privacy practices or content of such other sites. The Fremont Compass encourages its users to be aware when they leave the site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by The Fremont Compass.
The advertisements appearing on The Fremont Compass are delivered to users with a third-party ad server. Information about a user’s visit to TheFremontCompass.com, such as number of times they have viewed an advertisement (but not username, date of birth, or any other personal information) is used to serve ads to users on this site.
Information Collected Through Third-Party Sources
This type of information is collected anonymously by approved third-party partners (such as online marketing firms, research companies, social media companies, ad targeting firms, and other partners.) None of the information collected by these sources contains any personally identifying information. This type of information includes, but is not limited to:
- Demographic information (gender, age, HHI, job title, interests, etc.)
- Advertising information (clicks, interactions, post-impression performance data)
- Social networking information (Facebook, Twitter, LinkedIn, etc.)
- Research information (data collected from partners)
Children Under 13
While The Fremont Compass is designed to be a family-friendly website, it is not intended for children under 13 years of age. No one under age 13 may provide any information to or on The Fremont Compass. The Fremont Compass does not knowingly target advertising to or collection information from children under the age of 13. If you are under the age of 13, do not use or provide information on The Fremont Compass. If The Fremont Compass learns it has collected or received personal information from a child under 13 without verification of parental consent, the information will be deleted.
Visitors from outside the United States
The Fremont Compass offices are located in the United States. If you visit the site from another country, please be aware that information you provide to us or that we obtain as a result of your use of the site may be processed in and transferred to the United States and will be subject to United States law. U.S. privacy and data protection laws may not be equivalent to the laws in your country of residence.
Notification of Changes
Last Updated: May 20, 2018
Acceptance of Terms. Welcome to The Fremont Compass. These Terms of Service (“Terms”) apply to your use of all services and features available on The Fremont Compass website, thefremontcompass.com (“website”). Your use of the website indicates your unconditional acceptance of these Terms. Please read them carefully, as they may have changed since your last visit. If you do not agree to these Terms, please do not use this website.
Revisions to Terms. We reserve the right to modify or amend the Terms from time to time. When we do, those changes will appear on this page and the “Last Updated” line above will be revised appropriately. Your continued use of the website following the posting of changes to the Terms indicates your acceptance of those revisions.
Scope of Service. Visitors to this website (“you”) are responsible for obtaining any equipment and Internet service necessary to access our website and for any paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this website in whole or in part, at any time and for any reason, without notice. The website also periodically may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Copyright and Ownership. All of the content featured or displayed on the website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by The Fremont Compass, its licensors, vendors, agents and/or its Content providers. All elements of the website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The website may only be used for its intended purpose. Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print and download documents, audio and video found on our website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website. The website, its Content and all related rights shall remain the exclusive property of Grist or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these website.
Trademarks. All trademarks, service marks and trade names of The Fremont Compass used on the website, including The Fremont Compass name, The Fremont Compass logo, Ask Dana, Reeves Media Group , and Faces of Fremont are trademarks or registered trademarks of The Fremont Compass. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these marks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without The Fremont Compass’s prior written consent. The use of our marks on any other website or network computer environment is not allowed. The Fremont Compass prohibits the use of our marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
User Submission License. Where The Fremont Compass has specifically invited or requested submissions, we encourage members of the public to submit user published content or user content (e.g. postings to the blog, forums, user profiles or other services) to The Fremont Compass (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting content on our website, you expressly grant The Fremont Compass a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and The Fremont Compass shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
Content Submitted by Users
a. Accuracy. If you choose to provide information to us, you agree that you will provide accurate, complete, and up-to-date information.
b. Liability. We are not responsible or liable for the conduct of website visitors or for views, opinions, and statements expressed in User Submissions for public display through our website, such as through a forum, user profile or other service. Generally, we do not prescreen information posted to online forums, user profiles or other services. Any opinions, advice, statements, services, offers, or other information in User Submissions expressed or made available on the website are those of the respective author(s) or distributor(s) and not of The Fremont Compass. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Submission. You are responsible for ensuring that User Submissions to this website are not provided in violation of any copyright, trade secret, or other proprietary right of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other proprietary rights, or any other harm resulting from your uploading, posting, or submission of User Submissions to this website.
c. Monitoring. We have the right, but not the obligation, to monitor User Submissions to our website to determine compliance with these Terms and any other applicable rules that we may establish. We have the right in our sole discretion to edit, remove or block any material submitted to or posted in any forum, profile page or other service provided through this website. Without limiting the foregoing, we have the right to remove any material that The Fremont Compass, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and you are solely responsible for the User Submissions that you post to this website.
Advertising Rights. The Fremont Compass reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and The Fremont Compass and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate The Fremont Compass to sell, license or offer to sell or license any advertising, promotion or distribution rights.
General Terms. We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this website.
Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any Content displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party owner of the trademark, copyright or other proprietary right of the Content.
Code of Conduct. By accessing our website or any forum, user profile or other service provided through our website, you agree to abide by the following standards set out in the Community Guidelines. We will fully cooperate with valid law enforcement authority requests, court orders or judicial or legal process requesting or directing us to disclose the identity of anyone posting or causing the posting of prohibited materials or engaging in prohibited conduct. Any conduct that in The Fremont Compass’s sole discretion restricts or inhibits anyone else from using or enjoying our website will not be permitted. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to use our website to:
a. Post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by The Fremont Compass.
b. Post or transmit Content including a name or language that The Fremont Compass, in its sole discretion, deems offensive.
c. Post or transmit defamatory or libelous statements.
d. Post or transmit any Content that contains or advocates hate, bigotry, racism, pedophilia, bestiality or incest.
e. Post or transmit Content that infringes another person or entity’s copyright, trademark, right of publicity or other proprietary right. Any person determined by The Fremont Compass, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on thefremontcompass.com.
f. Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website, use or access to the website, including The Fremont Compass RSS feed.
g. Post unsolicited advertising or unlawfully promote products or services, including sending unsolicited email advertisements.
h. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
i. Impersonate another person or entity.
j. Promote, solicit, or participate in any multilevel marketing or pyramid schemes.
k. Solicit personally identifiable information from or exploit children less than 18 years of age.
l. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting Content unrelated to a forum’s designated topic or theme.
m. Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website.
n. Gain unauthorized access to any computer system or nonpublic portion of the website or interfere with or disrupt the website, servers or networks connected to the website.
o. Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about thefremontcompass.com users through the website.
p. Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
Use of The Fremont Compass RSS Feeds. RSS is a free service offered by The Fremont Compass for private, non-commercial use only. Any other uses are strictly prohibited. Prohibited uses include any effort to derive advertising or syndication revenue from content delivered by The Fremont Compass feeds, and reprinting full feeds to blogs and social networking profiles. You must use the RSS feeds as provided by The Fremont Compass, and you may not edit or modify the text, content or links supplied by The Fremont Compass. For web posting, reprint, syndication or licensing requests for The Fremont Compass material, please fill out our syndication request form.
Children. This website is a general audience website that is not targeted to children under the age of 13. The website does not knowingly collect personally identifiable information from children under the age of 13. In order to comply with the Children’s Online Privacy Protection Act, we ask that you not provide personally identifiable information to us if you are under the age of 13. We urge parents and guardians to supervise their children’s website browsing.
Digital Millennium Copyright Act (“DMCA”) Notice. In operating the website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the website. The Fremont Compass has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the website. The Fremont Compass has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of The Fremont Compass or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Dana Reeves c/o The Fremont Compass, 348 E 6th Street, Fremont, NE 68025 USA.
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the website that you claim is infringing, with enough detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Security. When you register to create a profile page or participate in a forum, promotion, or other service offered on this website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Indemnification. By using this website, you agree to indemnify, hold harmless, and defend The Fremont Compass from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this website.
Disclaimer of Warranty. ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, GRIST DOES NOT WARRANT THAT: (A) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (B) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (C) DEFECTS WILL BE CORRECTED; OR (D) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability . IN NO EVENT SHALL GRIST BE LIABLE TO ANY VISITOR TO THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO, OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Implied Endorsements. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by The Fremont Compass of that third party or of any product or service provided by a third party. Likewise, a link to any non-The Fremont Compass website does not imply that we endorse or accept any responsibility for the content or use of such a website. The Fremont Compass does not endorse, warrant, or guarantee any product or service offered by any third party through a forum, profile page or other service accessible through this website and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services.
International Uses. This website is published in the United States. Information collected on this website is subject to the laws of the United States, and U.S. law shall govern in any and all disputes, including privacy or defamation issues. Your use of this website or submission of information to us constitutes your consent to the transfer of that information from your home country to the U.S.
Termination. We may terminate any visitor’s access to our website, including access to any forum, profile page or other service available through the website, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate visitors who violate these Terms, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website.
Enforcement. These Terms shall be governed and interpreted pursuant to the laws of the State of Nebraska, United States of America, notwithstanding any principles of conflicts of law.
Arbitration. You must first present any claim or dispute to us by contacting us or sending Postal mail to the street address below to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Fremont, Nebraska, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Nebraska. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Nebraska or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.
Entire Agreement; Severability; Waiver. These Terms constitute the entire agreement between the parties relating to the subject matter herein. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Failure to exercise any right under the Terms shall not be construed as a waiver of such right.
For Additional Information. If you have any questions about these Terms, please contact us or send Postal mail to The Fremont Compass, 348 E 6th Street, Fremont, NE 68025 USA.
Last Updated: May 20, 2018
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